[House Report 107-491]
[From the U.S. Government Publishing Office]
107th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 107-491
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TO AUTHORIZE THE SECRETARY OF THE INTERIOR TO ISSUE RIGHT-OF-WAY
PERMITS FOR NATURAL GAS PIPELINES WITHIN THE BOUNDARY OF GREAT SMOKY
MOUNTAINS NATIONAL PARK
_______
June 5, 2002.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
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Mr. Hansen, from the Committee on Resources, submitted the following
R E P O R T
[To accompany H.R. 3380]
[Including cost estimate of the Congressional Budget Office]
The Committee on Resources, to whom was referred the bill
(H.R. 3380) to authorize the Secretary of the Interior to issue
right-of-way permits for natural gas pipelines within the
boundary of Great Smoky Mountains National Park, having
considered the same, report favorably thereon without amendment
and recommend that the bill do pass.
purpose of the bill
The purpose of H.R. 3380 is to authorize the Secretary of
Interior to issue right-of-way permits for natural gas
pipelines within the boundary of Great Smoky Mountains National
Park.
background and need for legislation
In 2000, the Sevier County Utility District in rural east
Tennessee requested authority from the National Park Service
(NPS) to tie in a natural gas pipeline to an already existing
underground natural gas pipeline along U.S. Highway 441, the
Gatlinburg-Pigeon Forge Spur. The existing pipeline was
installed prior to the NPS acquisition of the right-of-way
along the highway. After preparing to grant the request, it was
discovered that, while the Secretary of the Interior possesses
the authority to grant rights-of-way permits through units of
the National Park System for various utility services, the
Secretary did not possess the authority to grant a permit for
natural gas or petroleum product pipelines.
The pipeline would service the Westgate subdivision, a
development project in Gatlinburg, Tennessee. Currently, these
homes rely on propane and electricity to meet their energy
needs. Given some air quality issues at Great Smoky Mountains
National Park, it is in the best interests of the Park to
permit natural gas pipelines as a clean alternative for new
homes and businesses. No permits would be granted until all
environmental and safety reviews have been conducted. Two other
parks, the Blue Ridge and Natchez Trace Parkways, already have
similar authority.
committee action
H.R. 3380 was introduced on November 29, 2001, by
Congressman William Jenkins (R-TN). The bill was referred to
the Committee on Resources, and within the Committee to the
Subcommittee on National Parks, Recreation, and Public Lands
and the Subcommittee on Energy and Mineral Resources. On March
19, 2002, the Subcommittee on National Parks, Recreation, and
Public Lands held a hearing on the bill. On May 22, 2002, the
Full Committee met to consider the bill. The Subcommittee on
National Parks, Recreation, and Public Lands and the
Subcommittee on Energy and Mineral Resources were discharged
from further consideration of the bill by unanimous consent. No
amendments were offered. The bill was then ordered favorably
reported to the House of Representatives by unanimous consent.
committee oversight findings and recommendations
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Resources' oversight findings and recommendations
are reflected in the body of this report.
constitutional authority statement
Article I, section 8 of the Constitution of the United
States grants Congress the authority to enact this bill.
compliance with house rule xiii
1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the
Rules of the House of Representatives requires an estimate and
a comparison by the Committee of the costs which would be
incurred in carrying out this bill. However, clause 3(d)(3)(B)
of that rule provides that this requirement does not apply when
the Committee has included in its report a timely submitted
cost estimate of the bill prepared by the Director of the
Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974.
2. Congressional Budget Act. As required by clause 3(c)(2)
of rule XIII of the Rules of the House of Representatives and
section 308(a) of the Congressional Budget Act of 1974, this
bill does not contain any new budget authority, spending
authority, credit authority, or an increase or decrease in tax
expenditures. According to the Congressional Budget Office,
enactment of this bill would increase offsetting receipts by
less than $500,000 per year.
3. General Performance Goals and Objectives. This bill does
not authorize funding and therefore, clause 3(c)(4) of rule
XIII of the Rules of the House of Representatives does not
apply.
4. Congressional Budget Office Cost Estimate. Under clause
3(c)(3) of rule XIII of the Rules of the House of
Representatives and section 403 of the Congressional Budget Act
of 1974, the Committee has received the following cost estimate
for this bill from the Director of the Congressional Budget
Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, May 30, 2002.
Hon. James V. Hansen,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 3380, a bill to
authorize the Secretary of the Interior to issue right-of-way
permits for natural gas pipelines within the boundary of Great
Smoky Mountains National Park.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Megan
Carroll.
Sincerely,
Barry B. Anderson
(For Dan L. Crippen, Director).
Enclosure.
H.R. 3380--A bill to authorize the Secretary of the Interior to issue
right-of-way permits for natural gas pipelines within the
boundary of Great Smoky Mountains National Park
H.R. 3380 would authorize the Secretary of the Interior to
issue right-of-way permits for natural gas pipelines within the
Great Smoky Mountains National Park. The bill would limit new
permits to three specific sites within the park. Any permits
issued under the bill would be subject to any terms and
conditions that the Secretary establishes, including
requirements to protect and restore federal lands during
pipeline construction.
CBO estimates that implementing H.R. 3380 would have no
significant impact on the federal budget. According to the
National Park Service, the agency probably would collect fees
for the right-of-way permits; hence, pay-as-you-go procedures
would apply. Based on information from the agency, however, we
estimate that any increase in offsetting receipts from such
fees would total less than $500,000 a year.
H.R. 3380 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would impose no costs on state, local, or tribal governments.
On August 16, 2001, CBO transmitted a cost estimate for S.
1097, similar legislation, as ordered reported by the Senate
Committee on Energy and Natural Resources on August 2, 2001.
The bills are substantively similar, and our cost estimates are
the same.
The CBO staff contact for this estimate is Megan Carroll.
This estimate was approved by Peter H. Fontaine, Deputy
Assistant Director for Budget Analysis.
COMPLIANCE WITH PUBLIC LAW 104-4
This bill contains no unfunded mandates.
PREEMPTION OF STATE, LOCAL OR TRIBAL LAW
This bill is not intended to preempt any State, local or
tribal law.
CHANGES IN EXISTING LAW
If enacted, this bill would make no changes in existing
law.